"After Ruling Critical of N.S.A., Uncertain Terrain for Appeal":
Adam Liptak will have this article
in Wednesday's edition of The New York Times.
"Judge in Pa. gay marriage suit nixes state appeal":
The Associated Press has a report
that begins, "A federal judge hearing a challenge to Pennsylvania's law banning recognition of same-sex marriages is keeping the case on track for trial by preventing an appellate review at this stage."
I have posted online at this link today's memorandum and order of the U.S .District Court for the Middle District of Pennsylvania refusing to certify the case for immediate appellate review.
"The Case That Could Topple Obamacare":
Pema Levy has this article
online today at Newsweek.
According to the article, "It all started in 2011, when Jonathan H. Adler, a conservative law professor at Case Western Reserve University in Ohio, shot an email to his friend Michael Cannon, a health policy expert at the libertarian Cato Institute in Washington, D.C."
"Appeals court says smokers can't sue to get monitoring for future illness":
The Buffalo News has this update
You can access today's ruling of the New York State Court of Appeals -- that state's highest court -- at this link. The issue was before that court on certified question from the U.S. Court of Appeals for the Second Circuit.
In response to the ruling, Philip Morris USA issued a news release headlined "New York Court of Appeals Rejects Claim for Medical Monitoring."
"NSA Case: Where Do We Go From Here?"
Joe Palazzolo and Jacob Gershman have this post
today at WSJ.com's "Law Blog."
In today's mail:
I received a review copy of Fifth Circuit
Judge Leslie H. Southwick
's memoir, "The Nominee: A Political and Spiritual Journey
Thanks to the folks at University Press of Mississippi for noticing my earlier post about the book.
"Appeals court upholds life sentence in terror case":
The Associated Press has this report
on a ruling
that the U.S. Court of Appeals for the Sixth Circuit
"Snap Out of It: If this judge doesn't buy the legal basis for the NSA's intrusive phone snooping, no one should."
Emily Bazelon has this essay
online at Slate.
"Ginsburg: justices should stay if able to work."
The Associated Press has this report
"Justice Ginsburg happy to no longer be confused with Sandra Day O'Connor":
The Washington Post has this news update
The contents of the December 2013 issue of The Yale Law Journal can now be accessed online:
Via this link
In the issue, law professor Michael W. McConnell has a book review titled "Why Protect Religious Freedom?"
"Justice Department Defends Law Banning Protests at Supreme Court":
Tony Mauro has this post
today at "The BLT: The Blog of Legal Times."
"Congratulations To The 2014 Bristow Fellows":
David Lat has this post
today at "Above the Law."
"The Constitution's Vanishing Act: For decades, Supreme Court justices have been rewriting key parts of our governing document."
Law professor Richard A. Epstein
has this essay
online at the Defining Ideas site of the Hoover Institution.
"Will The Supreme Court Finally Decide How Much Information Is Too Much?"
Daniel Fisher has this post online
today at Forbes.com.
"'A Mistake Has Been Made Here, and No One Wants to Correct It'; Without DNA evidence, how could we challenge the eyewitness testimony that sent our client to prison for 34 years?"
Law professor Lara Bazelon
(yes, she's one of Emily's younger sisters) has this jurisprudence essay
online at Slate.
"Why Google, Twitter and Tumblr Are Backing the 'Dancing Baby'; A six-year-old viral video sparks an important battle over copyright law":
Sam Gustin has this report
online at Time magazine.
How hellish is your judicial hole?
Via Daniel Fisher writing online at Forbes
, I see that the American Tort Reform Association
has issued the latest installment of its pro-business annual survey titled "Judicial Hellholes 2013/2014
As noted in this news report from 2012, the Chief Justice of the Supreme Court of Pennsylvania referenced the "judicial hellhole" designation, apparently in jest, during my opposing counsel's presentation at an oral argument of mine (you can access the oral argument video online via this link). As I first noted in this post, yesterday my clients (the plaintiffs) won that case.
The Wall Street Journal's "Law Blog" has emerged from behind that publication's online paywall:
A reporter for The WSJ who contributes to that blog from time to time emailed me this morning to convey the news. Before this change took place, the full contents of certain posts were hidden behind the paywall, while other posts were freely accessible in their entirety.
"FIRE and Broad Coalition File Brief Defending Free Speech in Student 'Facebook Collage' Case":
The organization Foundation for Individual Rights in Education (FIRE) issued this news release
yesterday about an amicus brief
that FIRE and 11 other organizations sought leave to file
yesterday in the U.S. Court of Appeals for the Eleventh Circuit
FIRE has posted additional information about the case at this link.
"'Passionate' Judge Has Record of Wrestling With Thorny Issues, and the U.S. Government": This article
appears today in The New York Times.
At Politico.com, Josh Gerstein has articles headlined "NSA ruling fallout hits White House" and "Larry Klayman crows on NSA win: 'We hit the mother lode.'"
And online at The Atlantic, Andrew Cohen has an essay titled "Judge's Ruling Could Jeopardize NSA Surveillance; A D.C. trial judge says the government's 'bulk metadata' program relies on a 34-year-old precedent obviated by current technologies."
"Laughtergate: The Day the Laughter Died at SCOTUS."
Michelle Olsen has this post
today at her "Appellate Daily" blog.
"Republicans Warn Supreme Court That EPA Program 'Threatens Liberty'":
National Journal has this report
"Report: Nevada Supreme Court, Clark County justices carry heavy caseloads; Compared with other counties and states, Nevada judges see a lot of cases."
The Las Vegas Sun has this article
"U.S. Supreme Court refuses to hear Beaver County family's appeal on school bullying claim":
The Pittsburgh Tribune-Review has this report
"With sex-work ruling, Supreme Court can be on the right side of history":
Online today at The Toronto Globe and Mail, Kyle Kirkup
has an essay
that begins, "On Friday, the Supreme Court of Canada has the opportunity to be on the right side of history when it releases its decision in Bedford
, a case challenging the constitutionality of Canada's sex-work laws."
"Shrinking high court docket bedevils conservatives; Several key cases are dismissed for technical or legal reasons, and liberals breathe a sigh of relief; Even the upcoming test over presidential 'recess appointments' has lost some steam":
Richard Wolf of USA Today has this report
"U.S. Supreme Court upholds biotech exec's fraud conviction":
Bob Egelko of The San Francisco Chronicle has this report
"Tea party and political buttons: Supreme Court declines Minnesota case; Conservative groups, including the Minnesota North Star Tea Party Patriots, said a state election law violated voters' free speech rights; The action by the Supreme Court lets stand a federal appeals court decision upholding the statute."
Warren Richey of The Christian Science Monitor has this report
"Court: Gov. Nikki Haley, SC officials can be sued for Occupy arrests." This front page article
appears today in The State of Columbia, South Carolina reporting on a ruling
that the U.S. Court of Appeals for the Fourth Circuit